Successfully Seeking Post-Divorce Modifications in Arizona

Long after a divorce, circumstances may change or evolve in ways that cause child custody and child support arrangements to become inadequate. If your situation has changed significantly, you might be considering the need for modifications to the existing court orders. Reasons for modification might be economic, logistic or familial in nature. With careful preparation and the right guidance, you can increase your chances of a successful outcome.

The first and most important step in the post-divorce modification process is to seek legal counsel from an experienced Arizona family law attorney, who can explain your rights and options help you build a persuasive case and represent you throughout the process.

Modifications begin by filing a petition with the court. This document formally requests changes to the existing order, specifying whether it's for child custody, parenting time or child support. Once filed, a copy of the petition is served on the other parent, who may file an answer. The court may hold a hearing to consider your petition if the other parent raises objections. 

Arizona courts prioritize stability for children. Therefore, to modify an existing order, you must demonstrate a substantial change in circumstances since the initial decree. This could include job loss, relocation for one parent significant health issues affecting a parent's ability to care for the child or changes in the child's needs as they grow older. The court considers factors like stability in their environment, their safety and their relationship with each parent.

You will need to submit evidence that supports the need for modification. This could include documentation of income changes, medical records, relocation plans or school reports reflecting the child's situation. The evidence should show how the proposed modifications directly benefit the child's best interests. 

If seeking child support modifications, familiarize yourself with Arizona's child support guidelines. Changes in income, medical expenses for the child, or parenting time arrangements can affect the support calculations. You and your attorney should provide accurate and complete financial information to the court for accurate assessment.

For custody modifications, focus on how the proposed changes would enhance the child's life. The evidence should address factors like the child's adjustment to their current situation, school environment, and emotional needs.

Courts favor parents coming to an agreement on child custody and support matters whenever possible. Even if you and the other parent are at odds about proposed changes, strive to be respectful and cooperative during the court process and be open to negotiations.

At Clark & Schloss Family Law, P.C., we have years of experience helping Scottsdale, North Phoenix and Maricopa County residents with family law issues. For help with a post-divorce modification, reach us by phone at 602-789-3497 or contact us online to schedule a consultation.